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STATE OF TENNESSEE
VS.
WILLIAM HENRY BARNEY
Court:TSC
Attorneys:
For Appellant: For Appellee:
KARL DEAN JOHN KNOX WALKUP
Public Defender Attorney General and Reporter
JEFFREY A. DEVASHER MICHAEL E. MOORE
Assistant Public Defender Solicitor General
JERRILYN MANNING GORDON W. SMITH
Assistant Public Defender Associate Solicitor General
Nashville, TN
JOAN A. LAWSON
Assistant Public Defender VICTOR S. JOHNSON, III
Nashville, TN District Attorney General
WILLIAM R. REED
Assistant District Attorney General
Nashville, TN
Judge:BIRCH
First Paragraph:
The defendant, William Henry Barney, was convicted of eleven counts of
rape of a child and seven counts of aggravated sexual battery. He is
currently serving a total effective sentence of eighty years. Upon
the Court of Criminal Appeals's affirmance of these judgments, the
defendant filed an application for permission to appeal to this Court.
We granted the application in order to determine whether the language
of the indictment was sufficient under State v. Hill, 954 S.W.2d 725
(Tenn. 1997), and to determine whether the multiple convictions for
rape of a child and aggravated sexual battery violate the
constitutional principles of due process or double jeopardy. We
conclude that the indictment is sufficient under Hill. In addition,
we conclude that, under the facts and circumstances of this case,
multiple convictions for rape of a child and aggravated sexual battery
are justified and do not violate the constitutional principles of due
process or double jeopardy.
http://www.tba.org/tba_files/TSC/Barneyw_opn.WP6
STATE OF TENNESSEE
VS.
PRESTON CARTER
Court:TSC
Attorneys:
FOR APPELLANT: FOR APPELLEE:
Glenn I. Wright John Knox Walkup
Memphis Attorney General and Reporter
Thomas F. Bloom Michael E. Moore
Nashville Solicitor General
Amy L. Tarkington
FOR AMICUS CURIAE TENNESSEE Assistant Attorney General
ASSOCIATION OF CRIMINAL Nashville
DEFENSE LAWYERS:
W. Mark Ward
Memphis
Judge:HOLDER
First Paragraph:
In this capital case, the defendant, Preston Carter, pled guilty and
was convicted on two counts of felony murder. A jury sentenced him to
death on both counts, finding that the murders of Thomas and Tensia
Jackson were especially heinous, atrocious, and cruel. Tenn. Code
Ann. S 39-2-203(i)(5). The jury imposed sentences of death based upon
the presence of this sole aggravating circumstance.
http://www.tba.org/tba_files/TSC/Carterpr_opn.WP6
IN RE ESTATE OF FOSTER HUME, III
THE UNIVERSITY OF THE SOUTH
VS.
MEREDITH KLANK
Court:TSC
Attorneys:
For Appellant: For Appellee:
J. Richard Lodge, Jr. Norman Gillis
E. Clifton Knowles Nashville, Tennessee
Bass, Berry & Sims, PLC
Nashville, Tennessee John Drummond
Nashville, Tennessee
Judge:ANDERSON
First Paragraph:
We granted this appeal to determine whether the probate rule of
ademption by extinction applies to the specific bequest of a house,
where the house is sold at foreclosure before the testator's death and
sales proceeds representing the testator's interest are identifiable
after his death.
http://www.tba.org/tba_files/TSC/Humeesta_opn.WP6
STATE OF TENNESSEE
VS.
KRISTINA SCHINDLER
Court:TSC
Attorneys:
FOR APPELLANT: FOR APPELLEE:
MARK E. STEPHENS JOHN KNOX WALKUP
DISTRICT PUBLIC DEFENDER ATTORNEY GENERAL & REPORTER
PAULA R. VOSS MICHAEL E. MOORE
ASSISTANT PUBLIC DEFENDER SOLICITOR GENERAL
Knoxville PETER M. COUGHLAN
ASSISTANT ATTORNEY GENERAL
Nashville
Judge:HOLDER
First Paragraph:
We granted this appeal to address whether a trial court can consider
prior grants of diversion or previously expunged offenses in
determining a defendant's suitability for diversion. In the case now
before us, the trial court denied the defendant's request for judicial
diversion because the defendant had previously been placed on
diversion on two different occasions. The appellate court affirmed
the trial court's decision to deny the defendant's application for
judicial diversion. Upon review, we hold that evidence of prior
diversions may be considered in determining whether a defendant is a
suitable candidate for diversion.
http://www.tba.org/tba_files/TSC/Schindlk_opn.WP6
STATE OF TENNESSEE
VS.
GERALD ROBERT STEVENS,
LAURIE ANN WILLIAMS and
JAMES DARREN BROTHERS
Court:TSC
Attorneys:
For Appellants, For Appellee:
Stevens & Williams: John Knox Walkup
David H. Hornik Attorney General & Reporter
Nashville, Tennessee
Michael E. Moore
For Appellant, Brothers: Solicitor General
Eric D. Kinsolving
Old Hickory, Tennessee Kathy Morante
Deputy Attorney General
Nashville, Tennessee
At Trial:
Robert G. Radford
District Attorney General
Vicki Snyder
Assistant District Attorney General
Huntingdon, Tennessee
Judge:ANDERSON
First Paragraph:
We granted this appeal to determine whether a conclusory allegation in
an affidavit that information was provided by a "concerned citizen
source" is sufficient to establish the presumptive reliability of the
information for the issuance of a search warrant under the Fourth
Amendment to the United States Constitution and Article I, S 7 of the
Tennessee Constitution.
http://www.tba.org/tba_files/TSC/Stevensg_opn.WP6
CHARLES WALTON WRIGHT
VS.
STATE OF TENNESSEE
Court:TSC
Attorneys:
For Appellant: For Appellee:
Donald E. Dawson John Knox Walkup
Post-Conviction Defender Attorney General & Reporter
Nashville, Tennessee
Michael E. Moore
Solicitor General
Amy L. Tarkington
Assistant Attorney General
Nashville, Tennessee
At Trial:
Victor S. Johnson
District Attorney General
John Zimmerman
Assistant District Attorney
Nashville, Tennessee
Judge:ANDERSON
First Paragraph:
We granted this appeal to determine whether the appellant's due
process rights were violated when the lower courts dismissed his post
conviction petition as time-barred by the three-year statute of
limitations since the asserted violation of Brady v. Maryland, 373
U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), did not arise until
after expiration of the three-year statute of limitations.
http://www.tba.org/tba_files/TSC/Wrightcw_opn.WP6FIRST CITIZENS BANK OF CLEVELAND
VS
CAROL CROSS
and
MARYLAND ASSURANCE COMPANY OF AMERICA
vs
LARRY McSPADDEN, Individually and
employee/agent for First Citizens
Bank of Cleveland
Court:TCA
Attorneys:
RICHARD A. FISHER, Logan, Thompson, Miller, Bilbo, Thompson & Fisher,
P.C., Cleveland, for Appellant, Carol Cross.
ROGER E. JENNE, Jenne, Scott & Jenne, Cleveland, for First Citizens
Bank of Cleveland and Larry McSpadden.
MICHAEL P. MILLS, Mills & Cooper, Nashville, for Maryland Assurance
Company of America.
Judge:MCMURRAY
First Paragraph:
In its simplest terms, this case originated as a suit on promissory
notes executed by the defendant, Cross (Cross), in favor of the
plaintiff, First Citizens Bank of Cleveland (the bank) and secured by
deeds of trust on real property owned by Cross. Collateral issues
relate to the liability of the defendant, Maryland Assurance Company
of America (Maryland) for monies alleged to be due under a policy of
insurance insuring the properties which were subject to the deeds of
trust. To the complaint, the defendant, Cross, responded with an
answer, counterclaim and third-party complaint and therein demanded a
jury to try the issues joined. The counterclaim and third-party
complaint (against Larry McSpadden) alleged, among other things, that
the bank through its agents and employees agreed with Cross that it
would notify the insurance company that the loans to Cross were to be
increased and that additional insurance would be required. Cross
further alleges that Larry McSpadden, individually and as
employee/agent for the bank, agreed to handle the matter with the
insurance company. In short, no additional insurance was procured.
The property in question was destroyed by fire and the insurance
proceeds were insufficient to pay the indebtedness owed by Cross to
the bank. Notwithstanding the demand for a jury trial by Cross,
the Chancellor denied a trial by jury and tried the case at a bench
trial. A monetary judgment based on the original complaint was
entered against Cross in the aggregate of $85,948.85 including
attorney's fees. All other actions were dismissed.
http://www.tba.org/tba_files/TCA/1stcitbn_opn.WP6
ALLEN A. BOOZE and wife, DIANE BOOZE
VS.
FAIRFIELD COMMUNITIES, INC.,
d/b/a FAIRFIELD GLADE RESORT
WITH ORDER
Court:TCA
Attorneys:
JOHN PHILIP PARSONS, EDWARDS & PARSONS, Cookeville, for
Plaintiffs-Appellants.
JOE M. LOONEY, LOONEY & LOONEY, Crossville, for Defendant-Appellee.
Judge:FRANKS
First Paragraph:
Plaintiffs' action against Fairfield Communities, Inc., d/b/a
Fairfield Glade Resort (Fairfield), was dismissed by summary judgment,
and plaintiffs have appealed. It was alleged that Fairfield, acting
as an innkeeper, rented room 5621 Country Club Villas, to the
plaintiffs for a period from April 6, 1994 through April 9, 1994,
which is a part of a town house unit owned by William E. Rueff and
Margaret L. Rueff. The complaint further alleges that Allen Booze
started down the steps leading from his room to the sidewalk and
slipped on ice which had formed on the steps, and the fall was due to
the negligence of the defendants in failing to remove the ice or warn
plaintiffs about the condition.
http://www.tba.org/tba_files/TCA/Boozea_opn.WP6
ORDER:
http://www.tba.org/tba_files/TCA/Boozea_ord.WP6
W. D. BUTLER and J. A.
HALLIBURTON
VS.
DIVERSIFIED ENERGY, INC.,
APPOLO FUELS, INC., and RANDY C. EDGEMON
Court:TCA
Attorneys:
GARRY FERRARIS OF KNOXVILLE FOR APPELLANTS
FRANCIS L. LLOYD, JR., OF KNOXVILLE FOR DIVERSIFIED ENERGY, INC., and
RANDY C. EDGEMON
ANDREW CRAIG TROUTMAN OF KNOXVILLE FOR APOLLO FUELS, INC.
Judge:GODDARD
First Paragraph:
This is a suit by W. D. Butler and J. A. Halliburton, employees of
Norfolk Southern Corporation against Diversified Energy/Appolo Fuels,
Inc., and Randy C. Edgemon, President of Diversified Energy, seeking
damages for defamation.
http://www.tba.org/tba_files/TCA/Butlerwd_opn.WP6
CHATTANOOGA AREA REGIONAL
TRANSPORTATION AUTHORITY
VS.
T.U. PARKS CONSTRUCTION
COMPANY, a Tennessee
Corporation, and HAYES
DRILLING, INC.
Court:TCA
Attorneys:
TIMOTHY M. GIBBONS OF CHATTANOOGA FOR APPELLANT
RICHARD J. McAFEE and CAMERON S. HILL OF CHATTANOOGA FOR APPELLEE T.U.
PARKS CONSTRUCTION COMPANY
LAWRENCE A. ROUSE and KIRK T. MAY OF KANSAS CITY, MISSOURI; AND HOYT
O. SAMPLES OF CHATTANOOGA FOR APPELLEE HAYES DRILLING, INC.
Judge:GODDARD
First Paragraph:
Chattanooga Area Regional Transportation Authority (CARTA) appeals a
judgment of the Chancery Court for Hamilton County which sought a
declaratory judgment that it was not bound by the arbitration
provisions of a certain contract entered into with T. U. Parks
Construction Company and also injunctive relief to prevent Parks from
proceeding with arbitration. The suit also joined as a party
Defendant a subcontractor of Parks, Hayes Drilling, Inc., which has
sought to arbitrate a claim it had against Parks.
http://www.tba.org/tba_files/TCA/Chattarr_opn.WP6
MARIA CHRISTIANE DOHMEN-GOFORTH
VS
LLOYD DAVID GOFORTH
Court:TCA
Attorneys:
JEAN MUNROE, Knoxville, for Appellant.
MARTY MCDONALD and JAY W. MADER, MCDONALD, LEVY & TAYLOR, Knoxville,
for Appellee.
Judge:MCMURRAY
First Paragraph:
This appeal arises from a judgment in a divorce action which was
entered in the General Sessions Court in Loudon County. Ms. Maria
Christiane Dohmen-Goforth ("Wife") filed a complaint for divorce on
May 8, 1997, and on August 11, 1997, the husband filed a
counter-complaint. After a hearing on January 8, 1998, the trial
court awarded a divorce to both parties on the ground of
inappropriate marital conduct. There are no children from the
marriage and no alimony was awarded.
http://www.tba.org/tba_files/TCA/Goforthc_opn.WP6
RHONDA G. GOLEY
VS.
ANDREW J. BROYLES, II
WITH ORDER
Court:TCA
Attorneys:
FARRELL A. LEVY, McDONALD, LEVY & TAYLOR, Knoxville, for
Plaintiff-Appellant.
JAMES S. MacDONALD, DUNN, MacDONALD & COLEMAN, P.C., Knoxville, for
Defendant-Appellee.
Judge:FRANKS
First Paragraph:
This appeal arises from an automobile accident that occurred on
October 8, 1996. Plaintiff Rhonda Goley filed suit against defendant
Andrew Broyles on September 23, 1997. Process was issued the next
day. At the time of the accident, Goley had an insurance policy with
defendant State Farm Automobile Insurance Company that provided
uninsured motorist coverage. Goley's attorney mailed a copy of the
complaint to State Farm on September 22, 1997.
http://www.tba.org/tba_files/TCA/Goleyr_opn.WP6
ORDER
http://www.tba.org/tba_files/TCA/Goleyr_ord.WP6
LINDA L. HUSKEY KILBY
VS.
ERNEST KILBY, JR.
Court:TCA
Attorneys:
JOHN M. FOLEY OF KNOXVILLE FOR APPELLANT
PERRY P. PAINE, JR., OF MARYVILLE FOR APPELLEE
Judge:GODDARD
First Paragraph:
The Plaintiff in this case seeks to modify an agreed divorce decree
relative to the support and custody of a handicapped child, who has
now reached her majority.
http://www.tba.org/tba_files/TCA/Kilbyll_opn.WP6
ANGIE COOPER MACKLIN
VS.
TIMMY RAY MACKLIN
Court:TCA
Attorneys:
For Appellant For Appellee
PATRICK T. PHILLIPS TRAVIS G. BRASFIELD
Knoxville, Tennessee Knoxville, Tennessee
Judge:SUSANO
First Paragraph:
Following a bench trial, the respondent, Timothy Ray Macklin, was
adjudged guilty of criminal contempt for violating an order of
protection previously issued at the behest of his wife, the petitioner
Angie Cooper Macklin. He was sentenced to ten days in jail, all of
which was "suspended pending his not doing anything in the future."
http://www.tba.org/tba_files/TCA/Macklnac_opn.WP6
MC PROPERTIES, INC.
VS.
THE CITY OF CHATTANOOGA and
THE CHATTANOOGA CITY COUNCIL
Court:TCA
Attorneys:
JOHN R. ANDERSON and HARRY R. CASH, GRANT, KONVALINKA & HARRISON,
P.C., Chattanooga, for Plaintiff-Appellee.
PHILLIP A. NOBLETT and LAWRENCE W. KELLY, Chattanooga, for
Defendants-Appellants.
Judge:FRANKS
First Paragraph:
The City Council denied plaintiff's request to rezone 10.2 acres of a
certain tract of land on and near Shallowford Road in Chattanooga.
Plaintiff filed a petition for certiorari in the Chancery Court and
after trial, the Chancellor ordered rezoning of the property.
http://www.tba.org/tba_files/TCA/Mcproper_opn.WP6
OLYMPIA CHILD DEVELOPMENT
CENTER, INC., DEBORA DUNN,
Individually, MARY EVERHART,
Individually, and LISA MURPHY
Individually
VS
CITY OF MARYVILLE, TENNESSEE
Court:TCA
Attorneys:
For Appellants For Appellee
KEVIN W. SHEPHERD ROBERT H. WATSON, JR.
Maryville, Tennessee NATHAN D. ROWELL
Watson, Hollow & Reeves, PLC
Knoxville, Tennessee
Judge:SUSANO
First Paragraph:
This action was brought against the City of Maryville ("the City") by
plaintiffs Olympia Child Development Center, Inc. ("Olympia"), Deborah
Dunn ("Dunn"), Mary Everhart ("Everhart"), and Lisa Murphy ("Murphy"),
seeking damages arising out of an automobile accident. The collision
occurred when a van owned by Olympia and driven by Murphy was struck
by a vehicle driven by Rodney Parton, an off-duty Maryville police
officer.
http://www.tba.org/tba_files/TCA/Olympia_opn.WP6
JOSEPH RAY SIMMONS
VS
TONYA MICHELLE SIMMONS
Court:TCA
Attorneys:
For Appellant For Appellee
JIMMY W. BILBO RANDY SELLERS
Logan, Thompson, Miller, Bilbo, Cleveland, Tennessee
Thompson & Fisher, P.C.
Cleveland, Tennessee
Judge:SUSANO
First Paragraph:
This is a post-divorce proceeding concerning the custody of Colby
Curtis Ray Simmons ("Colby") (DOB: March 25, 1991). The trial court
awarded "primary physical custody" of Colby to the child's mother,
Tonya Michelle Cawood, formerly Simmons ("Mother"), thereby modifying
the divorce judgment that had granted this custodial role to the boy's
father, Joseph Ray Simmons ("Father"). The Court did not disturb its
previous grant of joint legal custody. Father appeals, arguing that
the trial court misinterpreted the principles enunciated by the
Supreme Court in Aaby v. Strange, 924 S.W.2d 623 (Tenn. 1996), and
that the evidence preponderates against the trial court's
determination that Father's move from White, Georgia, to Somerset,
Kentucky, was prompted by vindictiveness on his part.
http://www.tba.org/tba_files/TCA/Simmonsj_opn.WP6
JOHN WAYNE SLATE, SR.
VS
JUDGE BEN W. HOOPER, II, and AL SCHMUTZER, JR.
Court:TCA
Attorneys:
For Appellant For Appellees
JOHN WAYNE SLATE, SR. JOHN KNOX WALKUP
Pro Se Attorney General and Reporter
Mountain City, Tennessee
MICHAEL E. MOORE
Solicitor General
HEATHER C. ROSS
Assistant Attorney General
Nashville, Tennessee
Judge:SUSANO
First Paragraph:
This is a lawsuit filed by a prisoner in state custody seeking the
disbarment of the judge who tried him and the district attorney
general who prosecuted him. The court below dismissed the plaintiff's
suit, finding that "these charges are more appropriately brought under
the procedures set forth in Tenn.Code Ann. S 17-5-101 et seq. and/or
under Supreme Court Rule 9." The plaintiff appealed. We affirm, but
for a reason different from that expressed by the trial court.
http://www.tba.org/tba_files/TCA/Slatejw_opn.WP6
In Re: THE ESTATE OF MILDRED M. VERKSTROM
GORMAN WADDELL, Co-Executor of
the Estate of Mildred M. Verkstrom
VS
EDNA M. GODWIN
GORMAN WADDELL, Co-Executor of
the Estate of Mildred M. Verkstrom
VS
BERNICE GATES, Co-Executrix, and
BANK OF TENNESSEE
WITH ORDER
Court:TCA
Attorneys:
ROBERT L. ARRINGTON and WILLIAM S. LEWIS, MOORE, STOUT, WADDELL &
LEDFORD. P.C., Kingsport, for Plaintiff-Appellee.
PAUL A. HARR, Kingsport, for Defendant-Appellant.
Judge:FRANKS
First Paragraph:
In this declaratory judgment action, the issue on appeal is whether
the monies in an account established by the deceased belongs to her
Estate, or passed by operation of law to appellant, Edna M. Godwin.
The deceased opened the account in question in 1972 in her name, and
in 1980 added Bernice M. Gates as another signature on the account.
On January 24, 1989, decedent deleted Gates' name from the account and
executed a new signature card as the sole owner and signatory on the
account. On May 27, 1994, another signature card was executed by the
deceased and Edna Godwin. Subsequent to decedent's death, and after
some payments were made from the account, the appellant transferred
the balance of $120,000.00 to herself.
http://www.tba.org/tba_files/TCA/Verkstro_opn.WP6
ORDER:
http://www.tba.org/tba_files/TCA/Verkstro_ord.WP6STATE OF TENNESSEE
VS
MICHAEL K. CLARK
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN KNOX WALKUP MICHAEL JONES
Attorney General & Reporter District Public Defender
KAREN YACUZZO CHARLES S. BLOODWORTH
Asst. Attorney General Asst. District Public Defender
John Sevier Bldg. 109 S. Second St.
425 Fifth Ave., North Clarksville, TN 37040
Nashville, TN 37243-0493
JOHN W. CARNEY
District Attorney General
LANCE A. BAKER
Asst. District Attorney General
204 Franklin St., Suite 300
Clarksville, TN 37040
Judge:PEAY
First Paragraph:
The defendant was charged by indictment with driving while under the
influence (DUI), reckless driving, refusing to submit to a blood
alcohol test, and driving on a revoked license. He moved to dismiss
the charges on the basis that the police authorities made an unlawful
traffic stop. Following a hearing, the trial court granted the
defendant's motion and dismissed the indictment. The State now
appeals. The sole issue on appeal is whether the trial court properly
dismissed the indictment. We remand the case for further findings
from the trial court.
http://www.tba.org/tba_files/TCCA/Clarkmk_opn.WP6
STATE OF TENNESSEE
VS
THOMAS DEE HUSKEY
VS.
THE KNOXVILLE NEWS-SENTINEL
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
RICHARD L. HOLLOW HERBERT S. MONCIER
NATHAN D. ROWELL Attorney at Law
Attorneys at Law Suite 775 NationsBank Center
P.O. Box 131 550 Main Ave.
Knoxville, TN 37901-0131 Knoxville, TN 37902
GREGORY P. ISAACS
Attorney at Law
One Centre Square
620 Market St., Ste. 280
Knoxville, TN 37902
FOR AMICUS CURIAE:
The Tennessean, The Tennessee
Press Association, The Society of
Professional Journalists and
The Middle Tennessee Chapter of
The Society for Professional
Journalists
ALFRED H. KNIGHT
Attorney at Law
215 Second Ave., North
Nashville, TN 37201
Memphis Publishing Company
LUCIAN T. PERA
KATHY LAUGHTER LAIZURE
KIMBERLY D. BROWN
Attorneys at Law
80 Monroe Ave., Ste. 700
Memphis, TN 38103-2467
Judge:WITT
First Paragraph:
In this novel case, we are called upon to consider the competing
interests of a media entity's rights under the First Amendment of the
United States Constitution and article I, section 19 of the Tennessee
Constitution against a criminal defendant's due process rights to a
fair trial under the Sixth Amendment of the federal constitution and
article I, section 9 of the state constitution. This case comes to us
from the Knox County Criminal Court, which issued an order restraining
The Knoxville News-Sentinel ("Sentinel") from publishing detailed
records of court-appointed defense counsel's fees, experts and other
expenses while the case of State v. Thomas Dee Huskey, a four-count
capital prosecution, is pending. We granted Sentinel's application
for permission to appeal and Huskey's application for cross appeal
pursuant to Rule 10, Tennessee Rules of Appellate Procedure. The
primary issue is whether the lower court's injunction is impermissible
under the state and federal constitutions. In a cross-appeal, Huskey
has raised several non-constitutional issues regarding the propriety
of the injunction. Having heard and considered the oral arguments of
counsel for Sentinel and Huskey and having reviewed the record which
was filed on the day of argument, as supplemented, we dismiss as
improvidently granted the Rule 10 appeals of both parties.
http://www.tba.org/tba_files/TCCA/Huskeyth_opn.WP6
EARL L. KEISTER, JR., and CHARLOTTE KEISTER
VS.
J. HARRY LEWIS and ERWIN A. COLLINS
Court:TCCA
Attorneys:
MARY JANE BORDEN, EGERTON, McAFEE, ARMISTEAD & DAVIS, P.C., Knoxville,
for Plaintiffs-Appellants.
DONALD K. VOWELL, and KENNETH E. MORROW, Knoxville, for
Defendants-Appellees.
Judge:FRANKS
First Paragraph:
This is an action to recover under a contract of sale for the purchase
of real estate entered between plaintiffs and a limited partnership
against defendants, general partners of that partnership. The
partnership agreed to return the real estate to the plaintiffs who, in
turn, released the partnership "from any further liabilities under the
contract of sale". The Trial Judge held that the release of the
partnership, released the defendant partners from any liability, and
plaintiffs have appealed.
http://www.tba.org/tba_files/TCCA/Keistere_opn.WP6
STATE OF TENNESSEE
VS.
MICKEY LAMB
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM L. BROWN JOHN KNOX WALKUP
706 Walnut St, Ste 902 Attorney General and Reporter
Knoxville, TN 379092
GEORGIA BLYTHE FELNER
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
C. BERKELEY BELL
District Attorney General
JOHN DUGGER
Assistant District Attorney
510 Allison Street
Morristown, TN 37814
Judge:SMITH
First Paragraph:
On August 1, 1997, Appellant Mickey Lamb pleaded guilty to three
counts of possession of a controlled substance with intent to sell and
to thirteen counts of delivery of a controlled substance. After a
sentencing hearing that same day, Appellant received an effective
sentence of eight years. The trial court denied Appellant's request
that he be placed on probation for the entire sentence. Appellant
challenges the trial court's denial of probation. After a review of
the record, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Lambmick_opn.WP6
STATE OF TENNESSEE
VS.
BOBBY SIMMONS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GREGORY D. SMITH JOHN KNOX WALKUP
Contract Appellate Defender Attorney General & Reporter
One Public Square, Suite 321
Clarksville, TN 37040 CLINTON J. MORGAN
(On Appeal) Asst. Attorney General
Cordell Hull Bldg., 2nd Fl.
CLAUDIA JACK 425 Fifth Ave., North
District Public Defender Nashville, TN 37243-0493
WILLIAM C. BRIGHT MIKE BOTTOMS
Asst. Public Defender District Attorney General
128 North Second St.
P.O. Box 1208 LEE BAILEY
Pulaski, TN 38478 Asst. District Attorney General
(At Hearing) 10 Public Square
Columbia, TN 38401
Judge:PEAY
First Paragraph:
On July 29, 1996, the defendant pled guilty to five counts of forgery,
four counts of passing worthless checks, and one count of driving on a
suspended license. The defendant received an effective sentence of
three years to be served on probation. On February 9, 1998, a
probation revocation hearing was held where the defendant was found to
have violated the terms of his probation. The court then ordered the
defendant to serve the original three year sentence in the Tennessee
Department of Correction. The defendant now appeals.
http://www.tba.org/tba_files/TCCA/Simmonsb_opn.WP6
STATE OF TENNESSEE
VS.
DONALD W. STEPHENS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
John H. Henderson John Knox Walkup
District Public Defender Attorney General & Reporter
Eugene J. Honea Georgia Blythe Felner
Assistant Public Defender Counsel for the State
Twenty-first Judicial District Cordell Hull Building, Second Floor
407-C Main Street 425 Fifth Avenue North
Franklin, TN 37065-0068 Nashville, TN 37243-0493
Joseph D. Baugh
District Attorney General
Lee Dryer
Assistant District Attorney General
P.O. Box 937
Franklin, TN 37065-0937
Judge:LAFFERTY
First Paragraph:
The appellant, Donald W. Stephens, appeals his conviction for driving
under the influence. See Tenn. Code Ann. S 55-10-401. The sole issue
for our review is whether the evidence at trial was sufficient for the
jury to find guilt beyond a reasonable doubt. We find that it was and
AFFIRM the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Stephens_opn.WP6
STATE OF TENNESSEE
VS.
RICKY WOODARD
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Larry D. Drolsum John Knox Walkup
Assistant Public Defender Attorney General & Reporter
407 C Main Street 425 Fifth Avenue, North
P. O. Box 68 Nashville, TN 37243-0493
Franklin, TN 37065-0068
Timothy Behan
OF COUNSEL: Assistant Attorney General
John H. Henderson 425 Fifth Avenue, North
District Public Defender Nashville, TN 37243-0493
407-C Main Street
P. O. Box 68 Joseph D. Baugh, Jr.
Franklin, TN 37065-0068 District Attorney General
Williamson County Courthouse
P. O. Box 937
Franklin, TN 37065-0937
Jeffrey P. Burks
Assistant District Attorney General
Williamson County Courthouse
P. O. Box 937
Franklin, TN 37065-0937
Judge:LAFFERTY
First Paragraph:
The appellant, Ricky Woodard, herein referred as "the defendant,"
appeals as of right from the verdicts of a Williamson County jury
finding him guilty of aggravated burglary and theft of property under
$500. At the conclusion of a sentencing hearing, the trial court
sentenced the defendant as a Range III persistent offender to fourteen
years for the aggravated burglary offense and to eleven months,
twenty-nine days for the theft charge. The sentences were ordered to
run concurrently, and the trial court waived jury fines of $5,000 and
$1,500.
http://www.tba.org/tba_files/TCCA/Woodardr_opn.WP6

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